H. C. R. 70
(By Delegates Mezzatesta and Manuel)
Requesting the West Virginia State Department of Education to
closely examine the recent United States Supreme Court
decision mandating that public school systems finance one- on-one nursing care for disabled students throughout the
school day and study how this decision will impact the state
of West Virginia both fiscally and in terms of staffing.
Whereas, Recent United States Supreme Court decisions,
specifically Cedar Rapids Community School District v. Garret F.,
a minor child by his mother and next friend, Charlene F.(000 U.S.
96-1793), have resulted in the judicial branch passing down what
are, for all intents and purposes, laws which require both
physical and fiscal action on the part of school districts to
provide for one-on-one nursing care for disabled students; and
Whereas, the passage of this mandate to school districts throughout the country is certain to create serious fiscal crises
in already strained educational budgets; and
Whereas, numerous experts have agreed that this decision
"blindsides" school districts with financial and staffing
obligations for which they are unprepared and/or inadequate to
properly handle; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia State Department of Education is
hereby requested to closely review, examine and study the recent
United States Supreme Court decision mandating that public school
systems finance one-on-one nursing care for disabled students
throughout the school day and how this decision will impact the
state of West Virginia both fiscally and in terms of staffing.
Further Resolved, That the said West Virginia State
Department of Education shall report to the regular session of
the Legislature, two thousand, on its findings, conclusions and
recommendations.